‘John Wilson QC of 1 Hare Court analyses a Court of Appeal judgment on the illegality defence which may prove very pertinent to cohabitation and financial remedy cases.’
Family Law Week, 15th April 2015
Source: www.familylawweek.co.uk
‘A government policy to ban inmates with a history of absconding from being transferred to open prisons has been declared unlawful by senior judges.’
BBC News, 1st April 2015
Source: www.bbc.co.uk
RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117
‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’
WLR Daily, 12th March 2015
Source: www.iclr.co.uk
Regina v Ali (Nazakat) [2015] EWCA Crim 43; [2015] WLR (D) 46
‘A solicitor who had been instrumental in finding brides for non-European Union clients and advising the clients to make false applications for certificates of approval, which he submitted to the to the UK Border Agency, had facilitated a breach of immigration law by his clients.’
WLR Daily, 3rd February 2015
Source: www.iclr.co.uk
‘The Supreme Court has ruled that victims may in some circumstance recover damages from their traffickers. Overturning the judgment of the Court of Appeal that the illegality of the underlying contract ruled out the claim for compensation, the majority held that to permit the trafficker to escape liability would be “an affront” to public policy. The judgment has far reaching implications in this area because, by its very nature, human trafficking often involves illegality.’
UK Human Rights Blog, 27th August 2014
Source: www.ukhumanrightsblog.com
‘The employee had been allegedly trafficked from Nigeria to the UK by the employer to work illegally as an au pair (Hounga v Allen and another). The Court of Appeal, Civil Division, set aside an award of compensation granted in the employee’s favour for unlawful discrimination in relation to her dismissal by the employer, having held that the illegality of the contract of employment had formed a material part of the employee’s complaint and that to uphold it would be to condone the illegality. The employee appealed. The Supreme Court, allowing the appeal, held that it would be a breach of the UK’s international obligations under the Council of Europe Convention on Action against Trafficking in Human Beings for its law to cause the employee’s complaint to be defeated by the defence of illegality. The case was remitted to the tribunal in respect of a complaint in relation to pre-dismissal harassment.’
Halsbury’s Law Exchange, 13th August 2014
Source: www.halsburyslawexhange.co.uk
Hounga (Appellant) v Allen and another (Respondents) [2014] UKSC 47 (YouTube)
Supreme Court, 30th July 2014
‘A claim for the statutory tort of discrimination in relation to dismissal by an employee who had entered the United Kingdom illegally was not barred by the defence of illegality in circumstances where the application of the defence would be an affront to the public policy of protecting the victims of human trafficking.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
Patel v Mirza [2014] EWCA Civ 1047 ; [2014] WLR (D) 337
‘The claimant who had paid money to the defendant under an agreement to carry out an illegal scheme was not prevented from recovering the money by considerations of public policy if the scheme had not been implemented even if the claimant pleaded and relied on the illegality to recover the money.’
WLR Daily, 29th July 2014
Source: www.iclr.co.uk
‘Criminal solicitor groups have taken the first step towards a legal challenge to the government’s decision to press ahead with cuts to criminal legal aid.’
Law Society’s Gazette, 9th April 2014
Source: www.lawgazette.co.uk
‘Two barristers have advised a Parliamentary committee that some mass surveillance allegedly undertaken by the UK’s security services is probably illegal. Jemima Stratford QC and Tim Johnston’s advice (PDF) was commissioned by the chair of the All Party Parliamentary Group on Drones.’
UK Human Rights Blog, 29th January 2014
Source: www.ukhumanrightsblog.com
‘The High Court has held that a local authority had abused its powers by refusing to offer a solicitor a new lease of the claimant’s office premises.’
UK Human Rights Blog, 29th January 2014
Source: www.ukhumanrightsblog.com
“The Government is right to consider a review of the civil and criminal laws surrounding so-called ‘leverage campaigns’, with a view towards making it harder for trade unions to engage in ‘industrial intimidation’ during labour disputes, an expert has announced.”
OUT-LAW.com, 7th November 2013
Source: www.out-law.com
“The Home Office investigates just six per cent of tip-offs from the public about suspected illegal immigrants, a new report has disclosed.
Nearly 49,000 reports were received over nine months about foreigners alleged to be living or working illegally in Britain, but officials looked into only 2,695 of them.”
Daily Telegraph, 8th November 2013
Source: www.telegraph.co.uk
“Three families are challenging the government in court in a bid to prove its benefits cap is unlawful.”
BBC News, 2nd October 2013
Source: www.bbc.co.uk
“A local authority and a finance watchdog are at loggerheads over whether certain expenditure – including the grant of an indemnity to the chief executive to bring a libel counter-claim – was unlawful.”
Local Government Lawyer, 30th September 2013
Source: www.localgovernmentlawyer.co.uk
“A controversial report by the Serious and Organised Crime Agency detailing the activities of rogue private investigators has been placed on the internet.”
BBC News, 29th July 2013
Source: www.bbc.co.uk
“Parking tickets were illegally issued by a dozen cameras over at least two years, a London council has admitted – but it refuses to refund fined drivers.”
BBC News, 21st June 2013
Source: www.bbc.co.uk
“Campaign group UK Uncut Legal Action has lost its high court challenge over the legality of the ‘sweetheart’ tax deal between HM Revenue and Customs and Goldman Sachs.”
The Guardian, 16th May 2013
Source: www.guardian.co.uk
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